Diplomatic Law in a New Millennium

ISBN : 9780198795940

Paul Behrens
448 ページ
156 x 234 mm

The granting of diplomatic asylum to Julian Assange, the dangers faced by diplomats in troublespots around the world, WikiLeaks and the publication of thousands of embassy cable - situations like these place diplomatic agents and diplomatic law at the very centre of contemporary debate on current affairs. Diplomatic Law in a New Millennium brings together 20 experts to provide insight into some of the most controversial and important matters which characterise modern diplomatic law. They include diplomatic asylum, the treatment (and rights) of domestic staff of diplomatic agents, the inviolability of correspondence, of the diplomatic bag and of the diplomatic mission, the immunity to be given to members of the diplomatic family, diplomatic duties (including the duty of non-interference), but also the rise of diplomatic actors which are not sent by States (including members of the EU diplomatic service). This book explores these matters in a critical, yet accessible manner, and is therefore an invaluable resource for practitioners, scholars and students with an interest in diplomatic relations. The authors of the book include some of the leading authorities on diplomatic law (including a delegate to the 1961 conference which codified modern diplomatic law) as well as serving and former members of the diplomatic corps.


Part I - Introduction
1 Paul Behrens: Diplomatic Law in a New Millennium
2 Brian Barder: A former diplomat's reflections on the Vienna Convention
3 J Craig Barker: In Praise of a Self-Contained Regime: Why the Vienna Convention on Diplomatic Relations Remains Important Today

Part II - History
4 Nelson Iriniz Casas: Views of a Delegate to the 1961 Vienna Conference
5 Kai Bruns: On the Road to Vienna: The Role of the International Law Commission in the Codification of Diplomatic Privileges and Immunities, 1949-1958

Part III - Personal Immunity
6 Paul Behrens: The personal inviolability of diplomatic agents in emergency situations
7 Simonetta Stirling-Zanda: The Privileges and Immunities of the Family of the Diplomatic Agent: the Current Scope of Article 37(1)
8 Lisa Rodgers: The inviolability of diplomatic agents in the context of employment
9 Wolfgang Spadinger: Private Domestic Staff: A risk group on the fringe of the convention

Part IV - Property Immunity
10 Yinan Bao: The Protection of Public Safety and Human Life vs the Inviolability of Mission Premises: A Dilemma faced by the Receiving State
11 Juan Falconi Puig: Contemporary Developments Relating to the Inviolability of Mission Premises
12 Peter Kovacs and Tamas Vince Adany: The Non-Customary Practice of Diplomatic Asylum
13 Patricio Grane Labat and Naomi Burke: The Protection of Diplomatic Correspondence in the Digital Age: Time to Revise the Vienna Convention?
14 Sana Sud: The Diplomatic Duffle Disparity - A Third World Perspective

Part V - Diplomatic Duties
15 Sanderijn Duquet and Jan Wouters: Legal Duties of Diplomats Today
16 Paul Behrens: The Duty of Non-Interference

Part VI - Beyond the VCDR
17 Alison Duxbury: Intersections between Diplomatic Immunities and the Immunities of International Organisations
18 Graham Butler: The European Union and Diplomatic Law: An Emerging Actor in Twenty-First Century Diplomacy
19 Francesca Dickson: Skirting Officialdom: Sub-State Diplomats and the VCDR Lessons from Scotland and Wales

Part VII - Concluding Thoughts
20 Paul Behrens: Diplomatic Law Today: Has the Vienna Convention met its expectations?


Dr Paul Behrens is a Lecturer (Assistant Professor) in Law at the University of Edinburgh, where he has established the LLM course on Diplomatic Law and is also responsible for an LLM course on International Criminal Law. He has taught in the past at the University of Leicester and has been a Visiting Lecturer / Visiting Researcher at the universities of Uppsala (Sweden), Stockholm (Sweden), Kiel (Germany) and other universities.